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Georgia Court of Appeals rules Delta 8, Delta 10 THC products are not controlled substances

Author: Dawn White

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ATLANTA — The Georgia Court of Appeals ruled Thursday that products with Delta-8 THC, Delta-10 THC, and other hemp-derived cannabinoids are not controlled substances -- potentially paving the way for their legal sale in the state.

The ruling comes after several police raids over the past few years on businesses that sell the products. It all started with a raid of the Elements Distribution company in February 2022.

"What happened was that the Gwinnett County D.A. and the local drug task force raided several small businesses in the area, including our clients who are hemp products and other product distributors," said Trial Attorney Tom Church, with the Church Law Firm.

Church presented the plaintiff, who supplies vape stores with hemp products, including Delta 8 and 10 THC products typically sold as gummies.

"For the first time in Georgia history, cannabis became explicitly legal as long as it didn't have too much of Delta THC, which is the type of THC that makes users high," Church said.

Church added he hopes this ruling sets a precedent for similar cases throughout the state.

"I think this is a powerful message for folks around Georgia that these are legal products. The legislature specifically legalized them in 2019 and that law enforcement has no authority to go after businesses that are legally selling these products," Church said.

The Gwinnett County District Attorney's Office can decide whether to appeal the decision in the Georgia Supreme Court.


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